When do the rights of an EEA family permit visa end?

[J10M]

Good morning all,

I am currently in the United Kingdom on an EEA family Visa. Which expires in December 2017. I am the a non-EEA unmarried partner.

My application was done as an unmarried partner to my 5+ Years long girlfriend (EU - Portuguese).

We were both under the impression that provided I apply for my extension (EEA Residence Card) prior to the expiry of my Visa, my rights to WORK and LIVE remain until such time that I receive communication from the Home office. Such the COA - which I am aware can sometimes stipulate your right to work or not.

We are just about to submit my extension application and have been told by the solicitor that due to me falling under that of an ‘extended family member’ because we are unmarried, that my right to work end on expiry of my VISA (December), and that I would need to wait and hope the COA states that I am allowed to work when that comes through.

1. Is the solicitor correct, do my rights to work end on expiry of my visa even if I have applied for my EEA RC prior to the expiry?
2. Is it written or mentioned anywhere on gov.uk or ukba etc which states that your rights do continue provided EEA RC has been applied for? For either Married (direct family) or for unmarried (extended)?

Any feedback or previous experiences would be much appreciated.

Thanks

[J10M]

Any body?

[dan1988uk]

If your EEA family permit expires before you receive the CoA the employer can terminate your contract. Being an unmarried partner of an EEA citizen it's possible that your CoA will be with NO right to work even if sometimes HO is sending CoA with right to work to unmarried couples as well. Once you receive CoA with work you are allowed to work until you receive the Residence Card or, in case of refusal, until the result of the appeal.

[J10M]

If your EEA family permit expires before you receive the CoA the employer can terminate your contract. Being an unmarried partner of an EEA citizen it's possible that your CoA will be with NO right to work even if sometimes HO is sending CoA with right to work to unmarried couples as well. Once you receive CoA with work you are allowed to work until you receive the Residence Card or, in case of refusal, until the result of the appeal.

Thanks for the feedback.

You make reference that my employer can cancel my contract, am I not legally allowed to work?

What my concern is, I am currently employed on as permanent employee. Should I resign on the expiry of my family visa or am i legally still allowed to work?

I am aware that if the COA (without right to work) comes after my permit expires then I am obliged to inform the employer and stop working. My issues is the period in between expiry and receipt of COA.

[dan1988uk]

On the EEA FP website they say something like “employment permitted for the duration of the permit”. I know about someone who didn’t lose his job after the permit expired because the employer really needed him so they contacted HO but I think that the normality is to terminate the contract.